Truck Accident Lawyer Raleigh, NC

Who is Liable for a Truck Accident

Determining liability in a truck accident is complex due to the numerous parties involved. Identifying the responsible party is crucial for victims seeking compensation for their injuries and damages.

• Truck Driver: If the accident resulted from the truck driver’s negligence, such as speeding, distracted driving, or driving under the influence, the driver can be held liable.
• Trucking Company: The company employing the driver can be held responsible, especially if they failed to adhere to regulations, neglected vehicle maintenance, or hired an unqualified driver.
• Truck Manufacturer: If a vehicle defect contributed to the accident, the manufacturer might be held liable for producing a faulty product.
• Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. The party responsible for loading the truck could be held accountable.
• Maintenance Providers: If poor maintenance or faulty repairs contributed to the accident, the maintenance provider could be liable.

Trucking Company Responsibilities

Trucking companies have a legal obligation to ensure the safety of their vehicles and drivers. Their responsibilities include:

• Hiring Qualified Drivers: Companies must hire drivers who possess the necessary licenses and training to operate commercial trucks safely.
• Conducting Background Checks: Companies should conduct thorough background checks on drivers to ensure they have a clean driving record.
• Providing Proper Training: Drivers must receive adequate training, including safety procedures and regulations.
• Ensuring Vehicle Maintenance: Companies are responsible for ensuring their trucks are in good condition and receive regular maintenance.
• Adhering to Regulations: Trucking companies must comply with all federal and state regulations, including hours-of-service regulations to prevent driver fatigue.
• Securing Cargo: Companies need to ensure cargo is properly loaded and secured to prevent accidents caused by shifting loads.

In the event of a truck accident, victims may feel overwhelmed and uncertain about the steps to take. At Burton Law Firm, PLLC, we are here to help guide you through the legal process and ensure your rights are protected.

• Comprehensive Investigation: We conduct a thorough investigation to determine liability and gather evidence to support your claim.
• Skilled Negotiation: Our team negotiates with insurance companies and liable parties to ensure you receive fair compensation.
• Aggressive Representation: If necessary, we are prepared to take your case to court to fight for your rights.
• Personalized Attention: We provide personalized attention to each case, ensuring your questions are answered, and you are kept informed throughout the process.

Dealing with Multiple Parties and Large Insurance Policies

Unlike typical car accidents, truck accidents often involve multiple parties – from the truck driver to the trucking company, and possibly other entities like cargo loaders or vehicle manufacturers. Each party may have their own insurance and legal representation. This multiplicity can complicate the claims process. Our Raleigh truck accident lawyers are adept at dealing with multiple parties and large insurance policies, ensuring that your claim addresses all possible avenues for compensation.

Securing Fair Compensation for Severe Injuries

The injuries sustained in truck accidents are often more severe due to the sheer size and weight of commercial trucks. This can lead to more significant medical bills, longer recovery periods, and greater pain and suffering. Our legal team at Burton Law Firm, PLLC, is committed to ensuring that our clients receive fair compensation that covers all aspects of their damages, including current and future medical expenses, lost wages, and emotional distress.

Statute of Limitations for Truck Accident Lawsuits

The statute of limitations is the time limit you have to file a lawsuit after an accident. It is crucial to be aware of this timeframe, as failing to file within the statute of limitations can result in losing your right to sue. In most states, the statute of limitations for personal injury cases, including truck accidents, is typically two to three years from the date of the accident. However, this can vary by state. There may be exceptions that could extend or shorten this timeframe. For example, if the victim is a minor or if the injuries were not discovered immediately.

Compensation for Truck Accident Victims

Truck accidents can be devastating, often leading to severe injuries, substantial medical bills, and a significant impact on victims’ lives. Understanding the complexities of truck accident compensation is crucial for anyone involved in such an incident in Raleigh, North Carolina. At Burton Law Firm, PLLC, we specialize in navigating these complexities and advocating for the rights and entitlements of our clients.

The first step towards securing fair compensation after a truck accident is to consult with a knowledgeable Truck Accident Lawyer in Raleigh, NC. Truck accident cases are typically more complex than standard car accident claims due to the size of the vehicles involved and the regulations governing the trucking industry. At Burton Law Firm, PLLC, we possess a deep understanding of both state and federal trucking regulations. Our experience allows us to effectively investigate your accident, identify all liable parties, and build a strong case on your behalf.

Types of Compensation Available

Victims of truck accidents may be entitled to various types of compensation, including, but not limited to, medical expenses, lost wages, pain and suffering, and property damage. In cases of wrongful death, families may also seek compensation for funeral expenses and loss of consortium. Our team at Burton Law Firm, PLLC, works diligently to ensure that every aspect of your loss is accounted for and that you receive the maximum compensation possible.

Proving Negligence in Truck Accident Cases

A critical component of any truck accident claim is proving negligence. This involves demonstrating that the truck driver, trucking company, or another party failed to exercise reasonable care, leading to the accident. Our attorneys are adept at gathering evidence, including driver logs, truck maintenance records, and eyewitness statements, to prove negligence and hold the responsible parties accountable.

Comparative Fault in North Carolina

North Carolina operates under the doctrine of contributory negligence, which can be particularly harsh for truck accident victims. This doctrine bars recovery if the victim is found even slightly at fault for the accident. Our expertise in navigating this challenging aspect of North Carolina law is crucial. We work tirelessly to minimize any allegations of fault against our clients, maximizing their potential for recovery.

Determining the Value of Your Truck Accident Claim

The worth of a truck accident claim can vary significantly depending on the specific circumstances of the case. Several factors contribute to determining the value, and understanding these can provide insight into what you might expect from your claim.

Compensation typically includes the cost of medical treatment, including hospital stays, surgeries, medications, and any future medical care required as a result of the accident. If your injuries have resulted in time off work, you may be eligible for compensation for lost wages. This also includes potential future earnings if your ability to work has been permanently affected. Compensation for repair or replacement of your vehicle and any other personal property damaged in the accident is typically included. This non-economic damage compensates for the physical pain and emotional distress caused by the accident. The severity of your injuries and their impact on your life play a significant role in determining this amount. In cases where the at-fault party’s actions were particularly reckless or malicious, you might be awarded punitive damages as a form of punishment.

Common Injuries in Truck Accidents

Understanding the severity and complexity of injuries sustained in truck accidents highlights the need for comprehensive legal and medical support. At Burton Law Firm, PLLC, we recognize the profound impact these injuries can have on an individual’s life and are dedicated to helping victims obtain the compensation they need for medical expenses, rehabilitation, and other damages. If you or a loved one has been involved in a truck accident resulting in any of these serious injuries, seeking legal counsel as soon as possible is crucial in ensuring your rights are protected and you are adequately compensated for your losses. Truck accidents often result in severe injuries, given the size and weight of these vehicles. Some of the common injuries include:

• Traumatic Brain Injuries

Traumatic Brain Injuries (TBIs) are among the most serious consequences of truck accidents. These injuries occur when the head suffers a severe impact or jolt, a common occurrence in truck collisions. The aftermath of a TBI can range from mild concussions to severe brain damage, leading to long-term cognitive impairments, memory loss, and changes in personality or emotional functioning. Victims may require ongoing rehabilitation and may never fully regain their pre-accident abilities. TBIs are particularly insidious as they are not always immediately apparent post-accident, making early medical evaluation crucial.

• Spinal Cord Injuries

Spinal cord injuries are another devastating outcome of truck accidents, with the potential to cause partial or complete paralysis (paraplegia or quadriplegia). These injuries result from damage to the spinal cord itself or to the nerves at the end of the spinal canal. The impact of such injuries on a person’s life is profound, often requiring long-term medical care, physical therapy, and adjustments to living and working environments. The emotional and financial toll of these injuries is immense, not only for the victims but also for their families.

• Broken Bones

The sheer force involved in a truck accident can easily result in broken or fractured bones. These injuries can range from simple fractures, which may heal relatively quickly, to complex breaks that require surgical intervention and prolonged rehabilitation. Recovery times can be extensive, and in some cases, victims may experience long-term complications such as chronic pain or reduced mobility.

• Internal Injuries

Internal injuries are particularly treacherous because they may not be immediately obvious following an accident. These injuries can include damage to internal organs like the lungs, liver, kidneys, or spleen. Internal bleeding or ruptured organs can be life-threatening if not promptly diagnosed and treated. The symptoms of internal injuries may take time to manifest, emphasizing the importance of immediate medical attention after a truck accident, even if no external injuries are evident.

• Burns

Burn injuries can occur in truck accidents, especially if the collision leads to a fire or explosion. These injuries can range from first-degree burns (affecting only the outer layer of the skin) to third-degree burns (affecting deep layers of skin and underlying tissues). Severe burns require immediate medical attention and can lead to prolonged hospital stays, significant pain, and extensive rehabilitation. Burn victims may also suffer from scarring and disfigurement, leading to emotional and psychological trauma.

Raleigh Truck Accident Infographic

Raleigh Truck Accident Statistics

According to national statistics, in 2022, out of the 168,320 accidents, 54,667 resulted in an injury. Texas had the most truck accidents with injuries followed by California, New York, Florida, and North Carolina. In that same year, 5,370 people were killed in truck accidents. While roughly 17 percent of fatalities are occupants of the large truck, approximately 72 percent are occupants in other vehicles. The remaining 11 percent are pedestrians or bicyclists.

Raleigh Truck Accident FAQs

What Should I Do Immediately After a Truck Accident?

Immediately after a truck accident in Raleigh, NC, your priority should be ensuring your safety and that of any passengers. Call 911 to report the accident and seek medical attention, even if you believe your injuries are minor, as some symptoms may not appear until later. Document the scene with photos and gather contact information from witnesses and the truck driver, including their insurance details. It’s also crucial to avoid discussing fault at the scene. Lastly, contact a Truck Accident Lawyer in Raleigh, NC, as soon as possible to discuss your case and understand your legal options. Early legal guidance can be pivotal in protecting your rights and securing a favorable outcome.

How Long Do I Have to File a Truck Accident Claim?

In Raleigh, NC, the statute of limitations for filing a truck accident claim is generally three years from the date of the accident for personal injury and property damage. However, if the accident resulted in a fatality, the deceased’s family has two years from the date of death to file a wrongful death claim. There are exceptions that might shorten or extend these deadlines, so consulting with a Truck Accident Lawyer in Raleigh, NC, promptly after your accident is essential. Failing to file within this timeframe can result in losing your right to seek compensation.

Can I Still Receive Compensation If I Was Partially At Fault for the Truck Accident?

North Carolina follows a strict contributory negligence rule, which means that if you are found even slightly at fault for the accident, you may be barred from recovering any compensation. This rule makes North Carolina’s law particularly challenging for accident victims. However, there are exceptions and nuances, such as the last clear chance doctrine, which might still allow for compensation in specific scenarios. An experienced Truck Accident Lawyer in Raleigh, NC, can provide advice on how these rules apply to your case and strategize the best approach for seeking damages.

What Types of Compensation Can I Recover After a Truck Accident?

After a truck accident in Raleigh, NC, you may be entitled to recover various forms of compensation, including medical expenses for both immediate and future care, lost wages, loss of earning capacity if you’re unable to return to your previous job, pain and suffering, emotional distress, and property damage. In cases of severe negligence or wrongful death, punitive damages may also be awarded. The specific types and amounts of compensation depend on the details of your case, highlighting the importance of consulting with a skilled Truck Accident Lawyer in Raleigh, NC.

How is Liability Determined in Truck Accident Cases?

Determining liability in truck accident cases in Raleigh, NC, involves a thorough investigation to establish negligence. This process may include reviewing the truck driver’s logbooks, the vehicle’s maintenance records, the trucking company’s hiring practices and safety protocols, and analyzing accident scene evidence. Liability can be complex, with multiple parties potentially at fault, including the truck driver, trucking company, cargo loaders, or even manufacturers of defective truck parts. An experienced Truck Accident Lawyer in Raleigh, NC, will have the resources and expertise necessary to navigate these complexities and identify all liable parties to pursue fair compensation.

Burton Law Firm, Raleigh Truck Accident Lawyer

219 N Boylan Ave, Raleigh, NC 27603

Contact Our Raleigh Truck Accident Lawyer Today

At Burton Law Firm, PLLC, we understand the challenges and complexities that come with navigating the aftermath of a truck accident in Raleigh, NC. Our team is dedicated to providing comprehensive legal support, guiding our clients through every step of the legal process with expertise and compassion. We take pride in our ability to offer personalized attention to each case, ensuring that we understand the full extent of your losses and the impact on your life. By entrusting your case to us, you gain access to a wealth of legal knowledge and a commitment to securing the maximum compensation you are entitled to. We are deeply committed to advocating on your behalf, employing our extensive experience in truck accident law to achieve the best possible outcome for your case.